New Mexico Association of Counties s2

NEW MEXICO ASSOCIATION OF COUNTIES

SAMPLE SEXUAL MISCONDUCT POLICY FOR JUVENILE FACILITIES
(1/13)

I. REFERENCES.

Juvenile Detention Facility ACA Standards: 3-JDF-06-02 through 3-JDF-06-10, Prison Rape Elimination Act of 2003, National PREA Standards 28 C. F. R. Part 115, NCCHC Standards, and NMSA 1978 § 30-9-11.E (2), Prison Rape Elimination Act of 2003, National PREA Standards 28 C. F. R. part 115, NCCHC Standards and NMSA 1978 § 30-9-11.E(2).

II. PURPOSE.

The purpose of this policy is to provide guidelines and procedures to protect juveniles and staff from sexual violence, misconduct and harassment.

III. POLICY STATEMENT.

[Insert] County has zero tolerance for sexual misconduct involving juveniles. It is the policy of [Insert] County to provide a safe, humane, and secure environment, free from sexual violence, misconduct, harassment, or retaliation, by establishing definitions of prohibited conduct and maintaining a program of prevention, detection, investigation, response and tracking of all alleged and substantiated sexual misconduct.

Sexual misconduct between staff and juveniles, volunteers or contract personnel and juveniles, juveniles and juveniles, regardless of consensual status is prohibited and subject to administrative discipline and/or criminal sanctions.

IV. DEFINITIONS.

Aggressor: Any person committing sexual misconduct against another. The aggressor may be the same or different gender as the victim.

Investigator: Individual(s) designated by the Detention Administrator to conduct internal investigations into alleged sexual misconduct in order to assess the truth of the allegations.

Juvenile: An individual who has been properly booked into and is housed in the custody of the [Insert] County juvenile detention facility

Non-Employee: Any volunteer, contractor, therapist, juvenile probation and parole officer, officer of the court or other non-staff individual who interacts with juveniles who are in the custody of the juvenile detention facility.

PREA Coordinator: Individual designated by the Detention Administrator who is responsible for developing, implementing and overseeing facility compliance with PREA standards and coordinating the facility’s response to allegations of sexual misconduct.

Sexual Acts: Any contact between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion of any part of the body of one person, or any object into the sex organ, mouth, or anus of another person.

Sexual Contact: Intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of a person other than by staff for medical purposes or for purposes of performing legitimate policy-authorized searches.

Sexual Harassment: For purposes of this policy, sexual harassment includes comments of a sexual nature; demeaning references to gender; lewd remarks about clothing, body or appearance; profane or obscene language or gestures; and displaying sexually oriented images.

Sexual Misconduct: All forms of sexual behavior prohibited by this policy, including sexual abuse, harassment, sexual acts and sexual contact regardless of whether it is consensual. Examples of sexual misconduct include:

1. Requests for sexual favors, sexual acts or sexual contact.

2. Influencing, promising or threatening a juvenile’s safety, custody or security level, including recommendations for court actions, privacy, housing, privileges, work detail or program status in exchanges for sexual favors.

3. Promise of protection in exchange for sexual favors.

4. Statements, comments or innuendo made directly or indirectly concerning the sexual orientation or perceived sexual orientation of any person.

5. Intimate or close relationships with a juvenile, defined as any relationship beyond the boundaries of a professional relationship.

6. Intimate conversation or correspondence with a juvenile.

7. Exchanging letters, pictures, phone numbers, addresses, email addresses or other personal information with juveniles.

8. Unreasonable invasion of a juvenile’s privacy, such as inappropriate viewing of any juvenile.

9. Any verbal, non-verbal or physical conduct which is sexual in nature or sexually suggestive.

10. Creating an intimidating, hostile or offensive environment by engaging in or permitting sexually offensive behavior or language that is directed at or observable by juveniles or others.

11. Kissing, hugging, fondling or other touching of an individual’s breast, genital, anal or other intimate area either directly or through clothing for sexual arousal, gratification, abuse or assault of either party.

12. Rape, sexual assault, sexual intercourse, oral sex, anal sex, vaginal sex.

13. Sex or penetration with any object or body part.

Retaliation: Any act of vengeance, covert or overt action, or threat of action taken against an individual in response to their claim of sexual misconduct, sexual contact or sexual abuse or cooperation in the reporting or investigation of sexual misconduct, regardless of the disposition of the complaint. Examples of retaliation include:

1. Unnecessary discipline.

2. Verbal or physical intimidation or threats.

3. Unnecessary changes in housing classification.

4. Unnecessary changes in work or program assignments.

5. Unjustified denials of privileges or services.

6. Any action to compromise the victim or witness’s safety including refusal or failure to protect

Victim: Any person who has been the target of sexual misconduct.

Victim Support Person: An individual designated by the Detention Center Administrator who has been specially trained to support a victim during investigation of alleged sexual acts or contact.

V. PROCEDURAL GUIDELINES.

A. Training

1. Training for Employees. All facility employees shall receive instruction related to this policy and the following critical subjects:

(a) The facility’s zero tolerance policy for sexual misconduct.

(b) How employees should fulfill their responsibilities under agency sexual misconduct prevention, detection, reporting, and response policies and procedures.

(d) The right of juveniles and employees to be free from retaliation for reporting sexual misconduct.

(e) The dynamics of sexual misconduct in confinement.

(f) The common reactions of sexual misconduct victims.

(g) How to detect and respond to signs of threatened and actual sexual misconduct.

(h) How to avoid inappropriate relationships with juveniles.

(i) How to communicate effectively and professionally with juveniles, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming youth.

(j) How to comply with relevant laws related to mandatory reporting of sexual misconduct to outside authorities.

All employees will receive this training as part of their pre-service or initial orientation to the Detention Center. Current employees will receive this training within one year of implementation of this policy.

All employees shall receive refresher training on these subjects every year as part of their annual in-service training.

2. Specialized Training for PREA Coordinator, Investigator and Victim Support Personnel. Specialized training is provided for employees who respond to incidents of sexual misconduct. This training includes facility policy, crime scene management, elimination of contamination, evidence collection protocol for confinement settings, techniques for interviewing sexual abuse victims, proper use of Miranda and Garrity warnings, and crisis intervention.

3. Training for Volunteer, Contractor and other Non-Employees who have contact with Juveniles. Non-employees who have contact with juveniles shall receive instruction regarding facility policy, prohibited conduct, prevention, detection, response, and reporting of sexual misconduct prior to assuming responsibilities that include contact with juveniles. Training for non-employees may be tailored to reflect the extent of time they are in the facility and their access to juveniles.

4. Specialized Training for Medical and Mental Healthcare Personnel. In addition to the training for non-employee personnel described above, all medical and mental healthcare practitioners who work regularly in the facility shall be trained in:

(a) How to detect and assess signs of sexual misconduct.

(b) How to preserve physical evidence of sexual abuse.

(d) How and to whom to report allegations or suspicions of sexual misconduct.

5. Lesson Plans and Materials. All lesson plans or materials utilized for training on sexual assault and abuse shall be approved by the Health Services Director and Detention Center Administrator.

6. Documentation. Documentation confirming training for all employees and non-employees is maintained by the facility.

B. Inmate Orientation and Education.

1. All individuals booked into the facility shall receive verbal and written information about sexual misconduct during their orientation. This information shall address:

(a) The Detention Center’s zero tolerance for sexual misconduct.

(b) What constitutes sexual misconduct.

(d) Methods of self protection.

(e) How to report sexual misconduct and retaliation.

(f) Protection from retaliation.

(g) Treatment and counseling.

2. Information regarding these topics will be approved by the Detention Center Administrator and included in the juvenile orientation materials, facility handbook and on information boards and posters in visitation, medical and housing areas. [make specific to your facility]

3. Appropriate provisions shall be made as necessary for juveniles not fluent in English, and juveniles with disabilities (including, for example, juveniles who are deaf or hard of hearing, those who are blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities) so that all juveniles have an equal opportunity to participate in or benefit from all aspects of the facility’s efforts to prevent, detect, and respond to sexual abuse and harassment.

4. The facility will maintain documentation of juvenile receipt of this information.

C. Screening/Assessing Juveniles at Intake.

1. All individuals booked into the facility are screened for potential vulnerabilities or tendency to act out with sexually aggressive behavior within 24 hours of arrival at the facility.

2. Juveniles identified as potential or confirmed victims of sexual assault or as having a tendency to act out with sexually aggressive behavior shall be considered for protective custody placement or placement in a special custody unit or other appropriate setting where they are housed in a single cell without the possibility to be housed with a cell mate.

D. Additional Screening/Assessing.

1. Juveniles identified as high risk with a history of sexually assaultive behavior or who have been identified as at risk for sexual victimization will be assessed by a mental health or other qualified health professional. Such juveniles will also be monitored by mental health services and counseled.

2. If at any time a juvenile is identified as a sexual predator or as a victim/potential victim, the juvenile shall be re-evaluated for appropriate housing, available programs, monitoring and counseling.

E. Referrals for Special Housing Placement.

1. Any employee may make a referral based on their observation of the juvenile’s behavior or at the juvenile’s request, based on concerns that a juvenile may be at significant risk of sexual victimization.

2. This referral shall be documented______[Insert appropriate form].

F. Sexual Misconduct Between Juveniles and Non-Juveniles.

1. [Insert] County has zero tolerance for sexual misconduct between juveniles and non-juveniles. Sexual misconduct perpetrated by non-juveniles is contrary to the policies of this facility and professional ethical principles that all employees are bound to uphold. Any such conduct is cause for disciplinary action up to and including termination.

2. There is no consensual sex in a custodial or supervisory relationship as a matter of law. A sexual act with a juvenile by a person in a position of authority over the juvenile is a felony subject to criminal prosecution. NMSA 1978 § 30-9-11.E (2).

3. Retaliation against a juvenile who refuses to submit to sexual activity, or retaliation against individuals (including witnesses) because of their involvement in the reporting or investigation of sexual misconduct, is also prohibited and possible grounds for disciplinary action including termination and criminal prosecution.

4. Failure of employees to report incidents of sexual misconduct is cause for disciplinary action up to and including termination.

5. Cases involving sexual misconduct may be referred to the District Attorney for prosecution.

6. Juveniles who knowingly make false allegations of sexual misconduct are subject to discipline.

G. Sexual Misconduct Between Juveniles.

1. Sexual contact, sexual acts, and other sexual misconduct between juveniles are prohibited by this policy regardless of whether it is alleged to be consensual.

2. Juvenile aggressors are subject to discipline.

3. Juveniles who report sexual misconduct are protected from retaliation.

4. Juveniles who engage in retaliation are subject to discipline.

5. Juveniles who knowingly make false allegations of sexual misconduct are subject to discipline.

H. Supervision and Monitoring.

Supervisors [or insert titles of which intermediate or higher level supervisors will perform these rounds in your facility] will conduct and document unannounced rounds to identify and deter staff sexual misconduct. Staff are prohibited from alerting other staff members that such supervisory rounds are occurring unless such announcement is related to the legitimate operational functions of the facility.

I. Reporting and Investigation.

All staff members and non-juveniles have an affirmative duty to immediately report to the PREA Coordinator any knowledge, suspicion, or information regarding sexual misconduct involving a juvenile and/or any retaliation or neglect in violation of this policy.

1. First Responder Instructions—All Alleged Sexual Misconduct:

(a) A juvenile may report sexual misconduct or threats of sexual misconduct to any staff member or non-juvenile. Any staff member or non-juvenile who receives a report of sexual misconduct, whether verbally or in writing, shall immediately notify the shift supervisor and complete an incident report. The shift supervisor shall immediately notify the Detention Administrator and PREA Coordinator. The PREA Coordinator shall ensure that the alleged victim and aggressor are physically separated, either through the placement of one or both in the special management unit or some other effective means.

(b) The PREA Coordinator shall direct the facility’s response to all allegations of sexual misconduct, including prompt assignment of a Victim Support Person, Investigator, and/or referral to medical/mental health services when warranted.

(c) In every case where the alleged aggressor is an employee, there will be no contact between the alleged aggressor and the alleged victim without the approval of the Detention Center Administrator.

(d) Allegations of sexual misconduct shall be treated with discretion and, to the extent permitted by law, confidentiality. Individuals who fail to keep allegations of sexual misconduct confidential are subject to discipline.